[Federal Register Volume 85, Number 159 (Monday, August 17, 2020)]
[Notices]
[Pages 50047-50048]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17931]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1213]


Certain Light-Emitting Diode Products, Fixtures, and Components 
Thereof Institution of Investigation

AGENCY: International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on July 15, 2020, under section 337 
of the Tariff Act of 1930, as amended, on behalf of IDEAL INDUSTRIES 
LIGHTING LLC d/b/a Cree Lighting of Durham, North Carolina. A 
supplement to the complaint was filed on July 20, 2020. The complaint, 
as supplemented, alleges violations of section 337 based upon the 
importation into the United States, the sale for importation, and the 
sale within the United States after importation of certain light-
emitting diode products, fixtures, and components thereof by reason of 
infringement of certain claims of U.S. Patent No. 8,403,531 (``the '531 
patent''); U.S. Patent No. 8,596,819 (``the '819 patent''); U.S. Patent 
No. 8,777,449 (``the '449 patent''); U.S. Patent No. 9,261,270 (``the 
'270 patent''); and U.S. Patent No. 9,476,570 (``the '570 patent''). 
The complaint further alleges that an industry in the United States 
exists as required by the applicable Federal Statute. The complainant 
requests that the Commission institute an investigation and, after the 
investigation, issue a limited exclusion order and a cease and desist 
order.

ADDRESSES: The complaint, except for any confidential information 
contained therein, may be viewed on the Commission's electronic docket 
(EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email 
[email protected]. Hearing impaired individuals are advised that 
information on this matter can be obtained by contacting the 
Commission's TDD terminal on (202) 205-1810. Persons with mobility 
impairments who will need special assistance in gaining access to the 
Commission should contact the Office of the Secretary at (202) 205-
2000. General information concerning the Commission may also be 
obtained by accessing its internet server at https://www.usitc.gov.

FOR FURTHER INFORMATION CONTACT: Katherine Hiner, Office of Docket 
Services, U.S. International Trade Commission, telephone (202) 205-
1802.

SUPPLEMENTARY INFORMATION: 
    Authority: The authority for institution of this investigation is 
contained in section 337 of the Tariff Act of 1930, as amended, 19 
U.S.C. 1337, and in section 210.10 of the Commission's Rules of 
Practice and Procedure, 19 CFR 210.10 (2020).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on August 11, 2020, ordered that--
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as amended, an investigation be instituted to determine whether 
there is a

[[Page 50048]]

violation of subsection (a)(1)(B) of section 337 in the importation 
into the United States, the sale for importation, or the sale within 
the United States after importation of certain products identified in 
paragraph (2) by reason of infringement of one or more of claims 1, 10, 
12, 17, 21, and 24-26 of the '531 patent; claims 1, 24-27, 29, 48-50, 
52, 57-60, and 65-67 of the '819 patent; claims 1-14 of the '449 
patent; claims 1-12 of the '270 patent; and claims 1-24 of the '570 
patent; and whether an industry in the United States exists as required 
by subsection (a)(2) of section 337;
    (2) Pursuant to section 210.10(b)(1) of the Commission's Rules of 
Practice and Procedure, 19 CFR 210.10(b)(1), the plain language 
description of the accused products or category of accused products, 
which defines the scope of the investigation, is ``LED fixtures for 
indoor or outdoor applications, and components of such products'';
    (3) For the purpose of the investigation so instituted, the 
following are hereby named as parties upon which this notice of 
investigation shall be served: (a) The complainant is: Ideal Industries 
Lighting LLC, d/b/a Cree Lighting, 4401 Silicon Drive, Durham, North 
Carolina 27703.
    (4) The respondent is the following entity alleged to be in 
violation of section 337, and is the party upon which the complaint is 
to be served: RAB Lighting Inc., 170 Ludlow Avenue, Northvale, NJ 
07647.
    (4) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate the 
presiding Administrative Law Judge.
    The Office of Unfair Import Investigations will not participate as 
a party in this investigation.
    Responses to the complaint and the notice of investigation must be 
submitted by the named respondent in accordance with section 210.13 of 
the Commission's Rules of Practice and Procedure, 19 CFR 210.13. 
Pursuant to 19 CFR 201.16[euro] and 210.13(a), as amended in 85 FR 
15798 (March 19, 2020), such responses will be considered by the 
Commission if received not later than 20 days after the date of service 
by the complainant of the complaint and the notice of investigation. 
Extensions of time for submitting responses to the complaint and the 
notice of investigation will not be granted unless good cause therefor 
is shown.
    Failure of the respondent to file a timely response to each 
allegation in the complaint and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the allegations 
of the complaint and this notice, and to authorize the administrative 
law judge and the Commission, without further notice to the respondent, 
to find the facts to be as alleged in the complaint and this notice and 
to enter an initial determination and a final determination containing 
such findings, and may result in the issuance of an exclusion order or 
a cease and desist order or both directed against the respondent.

    By order of the Commission.

    Issued: August 12, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-17931 Filed 8-14-20; 8:45 am]
BILLING CODE 7020-02-P